The statistic “50% of marriages end in divorce” is a very real part of many of our lives. Probably half the adults you know are or were divorced at one point in their life. Some people can very easily come to an agreement on how this separation will happen. But with all the stresses that contribute to the large number of divorces in today’s society, it is likely many of those divorces end on bad terms.
Most people generally understand the concept of the two main types of divorces: uncontested and contested. Still, some are hesitant to state their divorce is contested. Why? It could be because they believe a contested divorce costs more, and that is probably true in most cases. But truly understanding the difference and being honest and forthright about the facts of the matter will save time and money in the long run.
Here’s the lay terminology and definitions for uncontested and contested divorces:
- In short, an “uncontested” divorce is an amicable, or “friendly” separation between a married couple. They are in agreement about how their children and property, if any, will be separated. There is no back-and-forth about whose fault it was, who gets what, and both parties are willing to separate without a fight.
- A “contested” divorce is the opposite, or an “unfriendly” separation. Typically, one side is not comfortable with the where the blame lies for the separation, or they are not comfortable with terms put forth by the other side and want to fight them. Or both sides disagree over the blame and/or the terms of separation. Children and property are usually the point of contention. Child custody, amounts of child support or spousal maintenance, and separation of properties like homes, cars, retirement, and even debt can cause the two parties to go back and forth debating the terms of their separation. The result is a legal “fight” between the two parties.
If you are still unsure about which category your separation falls under, you can schedule an appointment with our attorney to find out more. Our firm offers competitive rates for both uncontested and contested divorces.